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Sisters forcing father to leave me out of will

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lezleebushfield

Junior Member
I was conceived, born and live in Tx. My biological father, recently proven by legal DNA test, lives in CO. He has a will which lists his 4 daughters who he recently told about me. Because of his advanced age and thier insistance, he is telling me that i will not be included in his will, this after seeking a relationship with me. Because he never took responsibility for me (given he didnt know for sure) I grew up and was ually abused by the man I knew as my dad. Do I have any rights to contest his will or even sue his daughters for what I call just plain being mean and selfish? :confused:
 


BelizeBreeze

Senior Member
lezleebushfield said:
I was conceived, born and live in Tx. My biological father, recently proven by legal DNA test, lives in CO. He has a will which lists his 4 daughters who he recently told about me. Because of his advanced age and thier insistance, he is telling me that i will not be included in his will, this after seeking a relationship with me. Because he never took responsibility for me (given he didnt know for sure) I grew up and was ually abused by the man I knew as my dad. Do I have any rights to contest his will or even sue his daughters for what I call just plain being mean and selfish? :confused:
Keep your mouth shut and pray he doesn't mention you in his will.

The you can break one off in each of the sister's rearend when the old fart dies.

It's called pretermited heir and it's not allowed. The only way to legally disinherit a child is to specifically mention that child in the will.
 

divgradcurl

Senior Member
Just to be a bit more precise:

It's called pretermited heir and it's not allowed.
That's true if the will was written BEFORE he knew the OP was an heir. If the will was written AFTER he knew the OP was an heir, but still left her out, then she is an omitted heir.

The only way to legally disinherit a child is to specifically mention that child in the will.
Not entirely true. In Colorado, if the child was known to the testator when the will was written, but the child was not included in the will -- in others words, an omitted rather than a pretermitted child -- then the omitted child takes nothing, unless it can be proven that the testator thought the child was dead when the will was written. See Col. Rev. St. 15-11-302 (note that Colorado, though, uses "omitted child" to describe a pretermitted child in the statute).

Some states do require that a child be specifically mentioned in a will to be disinherited, and its probably always a good idea to specifically disinherit a child if that what you want to do (simply so that it is clear, and to reduce the probability of a will contest). But in many, if not most states, a will written when the testator knew of the child that leaves out the child is sufficient to raise the presumption (which may be overcome in very limited circumstances, like when the testator thinks the child is dead when the will was written) that the testator meant to disinherit the child.

That said, BB's advice is sound -- if the will was written before he knew about you, just sit back and wait, and then you can take your share from the shares of the other 4 daughters. If he does rewrite the will and leaves you out, you are going to have a more difficult time, because then you would have to prove that he lacked the capacity to write a new will. But if the will was written before he knew about you, take BB's advice and lay low.
 

Dandy Don

Senior Member
If your mother is still alive (and even if she isn't), she and you should be visiting the local social services agency to put in a claim for child support while the man is still alive.

DANDY DON IN OKLAHOMA ([email protected])
 

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